Supreme Court Bans Two-Finger Test in Rape Cases

Quick Summary

The Supreme Court has officially banned the 'two-finger test' in rape and sexual assault cases, labelling it unscientific, patriarchal, and sexist. Justices D.Y. Chandrachud and Hima Kohli criticised the test, stating it re-traumatises survivors and is based on the false assumption that sexually active women cannot be raped. The court has directed the Union Health Ministry and governments to ensure this test is not used, to circulate proper examination guidelines, and to train healthcare providers. Medical school curricula will also be reviewed to remove this outdated procedure.

The “two-finger test” followed in rape cases was prohibited by the Supreme Court which held that any person conducting the test shall be held guilty of misconduct.
Justices D.Y. Chandrachud and Hima Kohli while restoring a rape conviction case regretted and criticized the use of the “two-finger test”.
The bench held that the court has time and again deprecated the use of the two-finger test or pre-vaginum test in cases alleged of rape and sexual assault.
The tests had no scientific basis but only re-victimized and traumatized women during the process.
The court held that the test must not be followed as it is based on an incorrect assumption that a sexually active woman cannot be raped.
The court held that the probative value of a woman’s testimony does not depend on her sexual history.
The bench further added that it shall be patriarchal and sexist to say that a woman cannot be believed when she states that she was raped merely because she was sexually active.
The bench in directing the Union Health Ministry said that survivors of sexual assault and rape must not be subject to the two-finger test.
The Union and State governments were also directed to ensure that guidelines formulated by the Department of Health and Family Welfare are being circulated across all Government and Private Hospitals.
Directions were made regarding hosting workshops for healthcare providers for communicating about the appropriate procedure for examining survivors of sexual assault.
The curriculums in medical schools are to be reviewed and revised to not prescribe the two-finger tests as a procedure to examine sexual assault and rape survivors.
The Court decided an appeal of a rape case from the judgment passed by the Telangana High Court which had overturned the conviction of the trial court.

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